The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-04-17
RAIL vs.. RIVER RATES.
PLEA OF THE LOUISVILLE, NEW
ORLEANS AND TEXAS.

Counsel and Defended - Freight
Pates Much Lower Now Than Before
the Road was Built, Notwithstanding
the Discrimination.
WASHINGTON, April 16.--Hohnes Cum
MINIS. General Counsel for the Louisville,
New Orleans and Texas. Railroad Company,
,ldresscA the Interstate Commerce Com
mission today in support of a petition filed
~. thai company He described the line of
the road anl said it touched the Mississippi
atl,,th telmini and ct several intermediate
,.,int, but lay at an average of twenty-five
miles from the river along most of its route
u inns came into direct competition with
tbe water lines at several points, and it be-
came necessary to give lower rates to retain
busiress. He filed schedules published by
fine barge and steamboat lines, showing that
thev made lower rates 10 competing points
than at way landings.
INTENTIONS OF CONGRESS.
He then discussed the intentions of the
trainers Of the interstate commerce law,
and said that while they had forbidden an
increase of rates without due notice they
had left full liberty to make reductions at
will This he held to he all evidence of the
nurpose to encourage and promote cOmpeti
ton such as his road proposed and wished
TO continue The Senate, he argued, had
in view these very circumstances
when. by unanimous vote, it inserted in the
hin the words under similar circumstances
and conditions" He quoted opinions ex-
pressed by Senator Cullom in the debate in
support of the theory that this amendment
was intended to relieve the abSolutism of
the original bill The law-making body, he
thought. had also in mind the decisions of
the courts, both State and Federal, upon
tbis point. Several OF these decisions he
cited briefly.
INDIVIDUAL DISCRIMINATION.
He argued that it was individual dis
elimination alone which was obnoxious to
the law, and that discrimination which
treated all alike; discrimination which was
necessary, as in the case Of his company, to
secure share Of competing TRAFFIC was not
to be disturbed. Believing this to be the
right Interpretation of the law his company,
in the utmost good faith, was acting in ac-
cordance with it, but if it were in the judg-
ment of the commission an erroneous inter
pretetion. then he asked the relief described
in the petition, namely, the privilege of
meeting the rates of water lines at compel
ing points. The Northern connecting lines
from Kansas City and St Louis to Memphis
held differently believing it illegal to make
lower rates for long than short hauls under
any circumstances, unless expressly author
ized by the commission.
THROUGH TRAFFIC SUSPENDED.
Owing to this divergence of opinion
through traffic was now suspended. There
was an additional reason for prompt decis-
ion of the point by the commission. Mr.
Cummins also stated that the associated
lines in whose behalf the long and short
haul clause was temporarily suspended ten
days ago, were, under their Interpretation
Of that order, making rates to interior points
which his road was unable to meet.
NET WITH A COMPLAINT.
As he was about to conclude his remarks
his attention was called to a complaint from
Port Gibson, La, charging his road with
unjust discrimination against that place
and in favor of Vicksburg. The complaint
set forth that the rate upon cotton from
Port Gibson to New Orleans was 81 rs per
bale, while for a longer haul from
Nicksburg 15c was charged. The people, it
said, had expected lower rates as an effect of
the interstate commerce law. One thousand
bales were now awaiting shipment. Mr.
GUnnrninS said he plead guilty to everything
charged.
This was exactly what his road was
uolng and what it asked leave to continue to
40 Inc rates given by the road from Port
GloSon are, he said fully 81 bale lower
tnan the prices paid for hauling before the
road was built.
AN ORDER MODIFIED.
Inc commission modified to-day the order
hereboIore granted on the application of the
Noodle and Ohio Railroad Company so as to
conform with the order made on the appli-
yaIon OF the Southern Railway and Steam
snlP ASSOCIATION, limiting its operations to
points south of the Ohio river and to bust
ness to and from such points from and to
points north of the Ohio river
A similar order was also granted upon the
ejtions OF other railroads south of the Ohio
ana east or the Mississippi to wit: The
IillolS central, st. Louis and Cairo Short
Line, Tennessee and Ohio, Norfolk and
western, Richmond, Fredericksburg and
tt .n New York, Philadelphia and Nor
.2K cape Fear and Yadkin Valley, Louis
we Slne ana New Orleans and Texas and the
NNe"poft News and Mississippi Valley roads.
No oUner cases were acted upon
SOME PECULIAR COMPLAINTS.
"A Western firm of lawyers, of whom the
Interstate Commerce Commissioners have
never before heard, have asked permission
40 make use Of the Commissioners names as
:, a 1 ehnsylVania man asked to be informed
". ' HS otate can tax him for representing
@ae New England Manufacturing Company
NJ S"InpIe only" He complains that the
%a.e IS trying to work the so-caled mer-
II'Iie TAX on anyone who mas an Office for
wa sdJuqIuters to receive letters and samples
Md write letters"
,.'d Naniornlan complains that he can't
, ,nu leiilgerators TO Los Angeles under the
rmTeut condition of things and asks relief.
mase are samples of hundreds of letters
p on irrelevant matters received by the
"1ilniSson every day.
BOSTON 10 BE HEARD.
w me commission has promised to hear next
TUESDAY the representatives of Boston
%o oIIicsIs VINO seek authority for railroads TO
% ahe rates from the West to that CITY TO
" "eD nose made by roads whose teirnini
Ge az New York. No dav has been ASSIGNED
n!earlng the representatives of the Cali
ro, ula interests seeking relief for tranconti-
so I'"l Ioaes from the operations of the long
E,na sliort maui clause, but they are expected
WIFE Gay hext week.
I'D THE THEATRICAL ASSOCIATION.
AGO, April 1.-THE following has
H. NJ received in answer TO a petition sent 10
Meet ~. ~ eta . commerce Commission by the
6s 49,, lug OF theatrical managers In this city
4 b,r,s -, WASHINGTON. April n, 1887.
p',, henderson. Esq. National amusement
'''Hre association:
lt . HE iR-IollTs OF the 9th inst. inclosine A
M, on behalf Of thc 1ssociqtiou
tmr,is sIia pre- has been lai1 before the